People v. Le Compte

The only credible evidence in this ease is to the effect that defendant's wife met him on a public street, and committed an assault upon him, and that he was trying to escape from her at the time be was arrested. This is insufficient to sustain a conviction for disorderly conduct. The judgment of conviction of the city magistrate, and the order of the County Court of Queens County affirming the same, are reversed, and a new trial ordered. Settle order before Mr. Justice Burr. Upon the settlement of the order, the tribunal for the new trial will be considered.